Research › Search › Judgment

High Court of Orissa · body

2025 DAILYLAW 72084 (ORI)

SHIBANARAYAN PATRA v. STATE OF ODISHA

ABLAPL/14624/2025 · 2025-12-23

V Narasingh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 14624 of 2025 1. Shibanarayan Patra 2. Seema Patra @ Seemarani Patra …. Petitioners Mr. J.K. Majhi, Advocate -versus- State of Odisha …. Opposite Party Mr. S.N. Das. ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 23.12.2025 01. 1. Heard learned counsel for the Petitioners and learned counsel for the State. 2. The Petitioners are seeking pre-arrest bail in connection with C.T. Case No.1105 of 2025 pending on the file of learned J.M.F.C., Basta arising out of Singla P.S. Case No.282 of 2025 for commission of offences punishable under Sections 108, 296, 351(2), 3(5) of BNS, 2023. 3. It is submitted by the learned counsel for the Petitioners that even if the entire allegations are accepted at their face value, the same are against the co-accused, Purna Chandra Patra and that the Petitioner has been falsely implicated. Hence, he may be protected by pre-arrest bail. p. 2 4. Learned counsel for the State opposes such prayer. 5. This Court perused the statement of the complainant and other witnesses. 6. It is apt to note here that the Petitioner No.1 (Shibanarayan Patra) is the son of the said Purna Chandra Patra. 7. It is also brought to the notice of this Court that the Petitioner No.1 (Shibanarayan Patra) is cited as accused in Singla P.S. Case No.220 of 2025, under Sections 341/ 294/ 323/ 506/ 34 of IPC. 8. Taking into account the nature of allegations qua the Petitioner No.1 (Shibanarayan Patra), this Court is not inclined to entertain the application for pre-arrest bail in respect of Petitioner No.1 (Shibanarayan Patra). However, it is directed that the Petitioner No.1 (Shibanarayan Patra)may surrender before the learned J.M.F.C., Basta in connection with the aforementioned case within one month from today. In the event of his surrender and motion for bail, the same be considered by the learned J.M.F.C., Basta on merits, in the first hour of the day. In the event of rejection of the prayer for bail by the learned J.M.F.C., Basta, the Petitioner p. 3 No.1 (Shibanarayan Patra)is at liberty to move the higher forum for bail in the second hour on the same day. 9. On being so moved, the higher forum is requested to make an endeavour to dispose of the bail application of the Petitioner No.1 (Shibanarayan Patra)on the same day on merit in accordance with law. ` The case diary shall be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner No.1 (Shibanarayan Patra) and learned J.M.F.C., Basta is called upon to transmit the case record to the higher forum at the earliest in the event of rejection of such bail application. Ground of Parity, if any, may be considered by the learned court (s) below. 10. So far as the Petitioner No.2 (Seema Patra @ Seemarani Patra) is concerned, taking into account the nature of allegations, it is directed that on surrendering within three weeks hence and moving for bail, the Petitioner No.2 (Seema Patra @ Seemarani Patra) shall be released on bail by the learned Court in seisin on such terms as deemed just and proper. Page 4 of 4 11. Accordingly, the ABLAPL stands disposed of. U.C.C. as per rules. (V. NARASINGH) Soumya Judge Designation: Jr. Stenographer